Common use of Special Provisions Governing Eurocurrency Rate Loans Clause in Contracts

Special Provisions Governing Eurocurrency Rate Loans. (a) Determination of Interest Rate. The Adjusted Eurocurrency Rate for each Interest Period for Eurocurrency Rate Loans shall be determined by the Administrative Agent pursuant to the procedures set forth in the definition of “Eurocurrency Rate”. The Administrative Agent’s determination shall be presumed to be correct and binding on the Loan Parties, absent manifest error. (b) Interest Rate Unascertainable, Inadequate or Unfair. In the event that (i) the Administrative Agent reasonably determines that adequate and fair means do not exist for ascertaining the applicable interest rates by reference to which the Eurocurrency Rate then being determined is to be fixed or (ii) the Requisite Lenders reasonably determine and notify the Administrative Agent that the Eurocurrency Rate for any Interest Period will not adequately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period, the Administrative Agent shall forthwith so notify the Borrower and the Lenders, whereupon each Eurocurrency Rate Loan shall automatically, on the last day of the current Interest Period for such Loan, convert into a Base Rate Loan, and the obligations of the Lenders to make Eurocurrency Rate Loans, or to convert Base Rate Loans into Eurocurrency Rate Loans denominated in Dollars, shall be suspended until the Administrative Agent shall notify the Borrower that the Requisite Lenders have determined that the circumstances causing such suspension no longer exist. (c)

Appears in 1 contract

Samples: Credit Agreement (eHealth, Inc.)

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Special Provisions Governing Eurocurrency Rate Loans. (a) Determination of Interest Rate. Rate The Adjusted Eurocurrency Rate for each Interest Period for Eurocurrency Rate Loans shall be determined by the Administrative Agent pursuant to the procedures set forth in the definition of "Eurocurrency Rate”. ." The Administrative Agent’s 's determination shall be presumed to be correct absent manifest error and shall be binding on the Loan Parties, absent manifest errorBorrower. (b) Interest Rate Unascertainable, Inadequate or Unfair. Unfair In the event that (i) the Administrative Agent reasonably determines that adequate and fair means do not exist for ascertaining the applicable interest rates by reference to which the Eurocurrency Rate then being determined is to be fixed or (ii) the Requisite Lenders reasonably determine and notify the Administrative Agent that the Eurocurrency Rate for any Interest Period will not adequately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period, the Administrative Agent shall forthwith so notify the Borrower and the Lenders, whereupon each Eurocurrency Rate Loan shall automatically, on the last day of the current Interest Period for such Loan, convert into a Base Rate Loan, Loan denominated in Dollars and the obligations of the Lenders to make Eurocurrency Rate Loans, Loans or to convert Base Rate Loans into Eurocurrency Rate Loans denominated in Dollars, shall be suspended until the Administrative Agent shall notify the Borrower that the Requisite Lenders have determined that the circumstances causing such suspension no longer exist. (c).

Appears in 1 contract

Samples: Credit Agreement (Hayes Lemmerz International Inc)

Special Provisions Governing Eurocurrency Rate Loans. (a) Determination of Interest Rate. The Adjusted Eurocurrency Rate for each Interest Period for Eurocurrency Rate Loans shall be determined by the Administrative Agent pursuant to the procedures set forth in the definition of "Eurocurrency Rate”. ." The Administrative Agent’s 's determination shall be presumed to be correct and binding on the Loan Partiescorrect, absent manifest error, and shall be binding on the Borrowers. (b) Interest Rate Unascertainable, Inadequate or Unfair. In the event that that: (i) the Administrative Agent reasonably determines that adequate and fair means do not exist for ascertaining the applicable interest rates by reference to which the Eurocurrency Rate then being determined is to be fixed fixed; or (ii) the Requisite Lenders reasonably determine and notify the Administrative Agent that the Eurocurrency Rate for any Interest Period will not adequately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period, the Administrative Agent shall forthwith so notify the Borrower Borrowers and the Lenders, whereupon each Eurocurrency Rate Loan shall will automatically, on the last day of the current Interest Period for such Loan, convert into a Base Rate Loan, Loan and the obligations of the Lenders to make Eurocurrency Rate Loans, Loans or to convert Base Rate Loans into Eurocurrency Rate Loans denominated in Dollars, shall be suspended until the Administrative Agent shall notify the Borrower Borrowers that the Requisite Lenders have determined that the circumstances causing such suspension no longer exist. (c).

Appears in 1 contract

Samples: Credit Agreement (Oxford Automotive Inc)

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Special Provisions Governing Eurocurrency Rate Loans. (a) Determination of Interest Rate. Rate The Adjusted Eurocurrency Rate for each Interest Period for Eurocurrency Rate Loans shall be determined by the applicable Administrative Agent pursuant to the procedures set forth in the definition of "Eurocurrency Rate”. The ." Such Administrative Agent’s 's determination shall be presumed to be correct absent manifest error and shall be binding on the Loan Parties, absent manifest errorBorrower. (b) Interest Rate Unascertainable, Inadequate or Unfair. Unfair In the event that (i) the Administrative Agent reasonably determines Agents determine that adequate and fair means do not exist for ascertaining the applicable interest rates by reference to which the Eurocurrency Rate then being determined is to be fixed or (ii) the Requisite Lenders reasonably determine and notify the Administrative Agent Agents that the Eurocurrency Rate for any Interest Period will not adequately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period, the Administrative Agent Agents shall forthwith so notify the Borrower and the Lenders, whereupon each Eurocurrency Rate Loan shall automatically, on the last day of the current Interest Period for such Loan, convert into a Base Rate Loan, Loan denominated in Dollars and the obligations of the Lenders to make Eurocurrency Rate Loans, Loans or to convert Base Rate Loans into Eurocurrency Rate Loans denominated in Dollars, shall be suspended until the Administrative Agent Agents shall notify the Borrower that the Requisite Lenders have determined that the circumstances causing such suspension no longer exist. (c).

Appears in 1 contract

Samples: Credit Agreement (Hli Operating Co Inc)

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